Joanne Seamon

The applicant alleged employment discrimination based on disability.

The individual respondent requested to be removed from the application, arguing he was not an employee of the respondent employer but rather of a third-party contractor.

The applicant subsequently requested to add the third-party contractor as a respondent.

The Tribunal denied the request to remove the individual respondent, finding it premature to determine agency or liability, but granted the request to add the third-party contractor as a respondent.

The Tribunal held a telephone conference to address procedural issues following a decision on the merits.

The applicant consented to the removal of the personal respondents, as the allegations concerned actions taken in the course of their employment.

The corporate respondent requested a deferral of the Tribunal proceedings pending the outcome of the applicant's reactivated WSIB claim.

The Tribunal denied the deferral request, noting that while there was potential for overlapping remedies, the Tribunal proceeding was significantly more advanced than the WSIB claim.